Local Govt | National News Video | Parliament Headlines | Politics Headlines | Search

 


Council application results in Coro Mainstreet liquidation


Council application results in Coro Mainstreet liquidation
Coromandel Main Street Incorporated (Coro Mainstreet) has been placed into liquidation following its failure to pay costs over court proceedings involving the redevelopment of the Coromandel Four Square Store.

Both a High Court and a judicial review rejected Coro Mainstreet's case against our Council over a decision not to notify Foodstuffs resource consent for a Four Square shop in the commercial zone of Coromandel Town.

The court ordered Coromandel Mainstreet to pay costs of $28,000 to our Council and the National Trading Company of NZ (Foodstuffs NZ).

"This has still not been paid and the deadline for payment has long passed," says David Hammond, Thames-Coromandel Chief Executive. "We've now appointed a liquidator to recover the costs which is pursuing the Incorporated Society and not any individual," says Mr Hammond.

These proceedings will be heard at the High Court in Hamilton later this year. Meanwhile Foodstuffs is committed to continuing with the redesign of the Four Square at Coromandel Town. A start date for works to commence is yet to be determined.

Timeline of Events

2012
• The National Trading Company applies for resource consent to demolish a motel building in Coromandel Town and construct a new Four Square grocery store. TCDC grants the resource consent, which is not publically notified. 2013
• Coromandel Main Street pursues a judicial review. The issue is whether the TCDC officer who made the decision not to notify the resource consent application had sufficiently adequate and reliable information before them on which to make the decision not to notify lawfully. In particular, Coro Mainstreet contends that the report of an independent heritage assessor did not provide the decision maker with adequate and reliable information concerning the effects of the proposed Four Square on the environment.
• March. The judicial review concludes the decision not to notify the resource consent was not an error of law, all relevant considerations were taken into account and sufficient information was provided for. Judge Wylie also concluded the decision not to notify the consent was not unreasonable and Coro Main Street should pay costs of $21000 to the Thames-Coromandel District Council. Costs were also awarded to the National Trading Company. (Foodstuffs).
• April. Coro Main Street launch proceedings in the Court of Appeal through an application for stay in respect of costs. This latest round of litigation comes at a cost of around $30,000 and is paid for by the Ministry for the Environment's legal assistance fund.
• October. Court of Appeal Hearing. Reserved decision.
• December. Decision released.
2014
• February. The deadline for Coromandel Main Street to pay costs to TCDC and Foodstuffs
• May/June. Our Council appoints a liquidator to recover costs from Coro Main Street Incorporated


© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell:
On Anne Tolley’s
Callous Folly

Years ago, I remember someone in the Heath Ministry telling me off the record that regulatory oversight in this country largely consisted in ‘waiting for something to turn green or fall off somebody’ before the authorities would swing into action...

Last week’s conflict between Social Development Minister Anne Tolley and District Court judge Carolyn Henwood illustrated quite a few of the flaws in the system. More>>

 

Members’ Bills: Greens' Domestic Violence And Loans Bills Pulled From Ballot

Jan Logie’s Domestic Violence-Victims' Protection Bill introduces workplace protections for victims of domestic violence, including allowing victims to request paid domestic violence leave for up to 10 days... Gareth Hughes’ Bill allows Kiwis with student loans to defer their student loan repayments into a first home savings scheme. More>>

ALSO:

IPCA: Police Did Not 'Deliberately' Use Pepper Spray On 10-Year-Old

"When spraying the man, the officer did not properly consider the necessity of using pepper spray in a confined space, the likelihood that it would affect the other innocent passengers or the fact that he was using a more powerful spray." More>>

ALSO:

Donor Bill Passes: Full Income Compensation For Live Organ Donors

Unanimous cross-party support for the Compensation for Live Organ Donors Bill represents a critical step in reducing the burgeoning waiting list for kidney donations, according to Kidney Health New Zealand chief executive Max Reid. More>>

ALSO:

Earthquake Response: Emergency Legislation Prepared

Three new Bills have been drafted in the wake of the magnitude 7.8 earthquake on November 14 to ensure the government can enable affected communities to respond quickly and efficiently. More>>

ALSO:

Housing MPs: New Building(s) For Parliament

A new building will be erected on Parliament grounds to house Members of Parliament and their staff who currently work in leased accommodation in Bowen House. The plan has cross-Party support, apart from NZ First, said Parliament’s Speaker, Rt Hon David Carter. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Regional
Search Scoop  
 
 
Powered by Vodafone
NZ independent news